Is Clarity in Election Law Overrated or Underrated?

State lawmakers have introduced at least 2,328 bills this year that would change the way elections are run at the local level. Some passed, some stalled. Some are mundane tweaks, others are controversial overhauls. But if election reformers want to prevent their laws from being held up by lawsuits, they would be wise to pay attention to how they're written, says Ned Foley, an Ohio State University professor and election law expert. "Put clarity at the top of the list of things to achieve, maybe before fairness or integrity or access or whatever, because litigators can't fight over things that are clear," he said, speaking on an election law panel during a multi-day conference hosted by the bipartisan National Conference of State Legislatures in Washington, D.C. "It's amazing how much ambiguity kind of seeps into laws that is unintended."